Anonymous 11 December 2023
My father has been gifted a property by his brother in 1999 which he bought in 1973. Now my father wants to avail loan for further constructing the house. While going through the old deeds he found that around 60years ago one of the sale of this same property was done by a guardian of a minor on his behalf. But at present all the documents are in my father's name. Will the bank grant us a loan in this case?
Dr. J C Vashista (Advocate ) 12 December 2023
After acceptance of the gift by donee it is absolute and valid transfer of title of the property.
Show the relevant title document(s) to a local prudent lawyer to ascertain its validity (for ownership) as you have mentioned some other encumbrance on the property under gift.
Anonymous 12 December 2023
The municipality mutation and the blro mutation is registered under my father's name. If we get a non encumbrance certificate of this property will that suffice?
Bryan Sims 26 January 2024
Since the current title deeds are in your father's name, it suggests that over the years, the property has changed ownership legally. The fact that the property has been gifted to your father by his brother and the relevant documents are in place is a positive aspect.
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